Magodo Estate Drama: Gov V IGP: Only Restructuring Can Save Nigeria — Adegboruwa, SAN

*Says Nigeria Is A Unitary Federation
*Says The Nigerian Claims Federation But Strips Governor Of Powers Over Security
*Says Those Who Make Change Impossible Make Violent Change Inevitable

A human rights lawyer and Senior Advocate of Nigeria, Mr. Ebun-Olu Adegboruwa, has expressed concern over the type of federalism practiced in Nigeria.

Making reference to section 215 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Senior Advocate of Nigeria said Nigeria is a unitary federation.

He wrote, “GOVERNOR V IGP: ONLY RESTRUCTURING CAN SAVE NIGERIA

“Section 215 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):

‘215. (1) There shall be –

(a) an Inspector-General of Police who, subject to section 216(2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force;

(b) a Commissioner of Police for each state of the Federation who shall be appointed by the Police Service Commission.

(2) The Nigeria Police Force shall be under the command of the Inspector-General of Police and contingents of the Nigeria Police Force stationed in a state shall, subject to the authority of the Inspector-General of Police, be under the command of the Commissioner of Police of that state.

(3) The President or such other Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those direction or cause them to be compiled with.

(4) Subject to the provisions of this section, the Governor of a state or such Commissioner of the Government state as he may authorise in that behalf, may give to the Commissioner of Police of that state such lawful directions with respect to the maintenance and securing of public safety and public order within the state as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with:

Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.

(5) The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.’

NIGERIA IS A UNITARY FEDERATION”

Also in respect of the above provision, Adegboruwa said the constitution is lying about itself. According to him, the constitution claims to be running a federalism but yet strips Governors of states of powers over security.

The learned SAN concluded that Nigeria needs restructuring.

“The 1999 Constitution tells a lie against the people of Nigeria when it claims that we are running a Federation but strips the Governor of a State of powers over security.

“In the final analysis, only restructuring can save this nation.

“Those who make peaceful change impossible make violent change inevitable!” Adegboruwa said